Does Suspension Status Continue After Suspension Has Been Served

Reasons for licence suspension

Important: A late night driving restriction may apply following a period of licence suspension or cancellation.

Driving without a licence

You do not hold a valid driver licence if:

  • your driver licence has expired and you have not renewed it
  • you have voluntarily surrendered your driver licence
  • your driver licence has been suspended or cancelled as a result of a 'Show Cause' action taken by the Department of Transport and Main Roads or the Queensland Police Service
  • your driver licence has been suspended or cancelled because you are medically unfit to drive safely
  • you do not hold the class of licence for the vehicle you are driving
  • you have never held a driver licence
  • your driver licence has been suspended because of an accumulation of demerit points or a high speed offence
  • your driver licence has been immediately suspended or you have been immediately disqualified following a drink driving or drug driving offence
  • your driver licence has been suspended by the State Penalties Enforcement Registry because you have not paid fines
  • you have been disqualified from holding or obtaining a driver licence
  • after completing a period of disqualification, you did not obtain a driver licence before driving again.

If you drive a motor vehicle and do not have a driver licence, due to any of these reasons, you may receive an infringement notice or be dealt with by a court for unlicensed or disqualified driving.

If you are convicted of unlicensed driving, the court must disqualify you from holding a drivers licence for a period of between 1 and 6 months. You may also receive a fine of more than $5,700 or you may be imprisoned for up to 1 year.

Disqualification

You will be disqualified from holding a driver licence for a stated period if convicted of:

  • a drink driving or drug driving offence
  • a dangerous driving offence
  • a criminal offence involving the driving or use of a motor vehicle.

If you drive a motor vehicle in Queensland while disqualified from holding a driver licence, you will be dealt with by a court for disqualified driving.

If you are convicted of disqualified driving, the court must disqualify you from holding a driver licence for a period of between 2 and 5 years. You may also receive a fine of more than $8,600 or be imprisoned for up to 18 months.

Licence suspension

Your Queensland (or non-Queensland) driver licence will be suspended for a stated period when:

  • the State Penalties Enforcement Registry (SPER) has issued an enforcement order to you for unpaid fines or penalties
  • you have gained too many demerit points on your traffic history
  • you have been convicted of driving more than 40km per hour over the speed limit
  • administrative action has been taken by the Department of Transport and Main Roads or the Queensland Police Service to suspend your licence for example, as a result of a medical condition that affects your ability to drive safely.

If you drive a motor vehicle in Queensland while your driver licence is suspended, due to any of the above reasons, you will be dealt with by a court for unlicensed driving.

If you are convicted of unlicensed driving, the court must disqualify you from holding a driver licence for a period of between 1 and 6 months. You may also receive a fine of more than $5,700 or be imprisoned for up to 1 year.

Licence withdrawn

Your authority to drive in Queensland on a non-Queensland driver licence will be withdrawn when:

  • the 3 months residency rule applies to you
    or
  • it is proven that you are medically unfit to drive safely.

If you are found driving a motor vehicle in Queensland when your authority to drive in Queensland has been withdrawn, due to any of the above reasons, you may be given an infringement notice or be dealt with by a court for unlicensed driving.

The maximum court imposed penalty for driving a motor vehicle in Queensland when your authority to drive in Queensland has been withdrawn is more than $5,700 or you may be imprisoned for up to 1 year.

Cumulative disqualifications for repeat drink or drug driving offences

Cumulative disqualifications apply to persons convicted of more than one drink or drug driving related offence that were committed on or after 18 May 2008. Under this law, repeat offenders will serve each disqualification period one after the other (cumulatively) rather than all at the same time (concurrently).

Removal of an absolute disqualification

If you were absolutely disqualified from holding or obtaining a Queensland driver licence for driving unlicensed before 13 March 2002, read the absolute disqualification checklist (FS4849) to see if you are eligible to have your disqualification removed. If successful, you can then re-apply for your licence.

For more information, or to obtain a removal of absolute disqualification for unlicensed driving application form (F4252), visit your nearest transport and motoring customer service centre.

Note: For more information about court imposed fines, contact the State Penalties Enforcement Registry (SPER).

Applying for a licence after a disqualification period

If you were disqualified from holding or obtaining a driver licence by a court and you have now served the period of disqualification, you will be eligible to apply for a probationary licence.

For more information about suspensions and cancellations, contact your nearest customer service centre, driver licence issuing centre or phone the department on 13 23 80.

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Source: https://www.tmr.qld.gov.au/Licensing/Licence-suspensions-and-disqualifications/Reasons-for-licence-suspension

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